Personal Injury Help Following a Grocery Store Slip and Fall Accident
A trip to the supermarket may be a daily or weekly ritual for you. While there, your focus is on getting the items on your grocery list and not the store’s safety.
After all, it is the responsibility of large grocers to maintain safety for all its shoppers. Even still, grocery stores are filled with potential hazards that can cause customers to have serious slip and fall accidents.
The injuries received after slipping and falling at a grocery store can take a toll on your health and finances. You may be unable to work, miss out on life’s daily activities, and have a stack of medical bills you cannot pay.
Safety Hazards
Grocery stores are filled with potential dangers for customers including a number of aisle way obstructions and slipping hazards.
Refrigerated food items, produce, and floral arrangements need to be stocked throughout the day to maintain freshness. Stocking materials, like pallets and hand carts, can partially block aisles and trip you as you attempt to pass by.
The shelves at big grocers are stocked with thousands of boxes, containers, and packaged food. If these items make their way to the ground, they can get caught up under your feet causing you to fall to the floor.
The many cold and frozen foods that require special refrigerated units to keep them at the right temperature. These systems can break or malfunction and cause water to pool on the floor. The slick surface it creates can easily cause you to slip and fall as you walk through an aisle.
Another slipping hazard comes from the many liquid products sold at grocery stores. Cleaning products, beverages, and personal care items, like soaps and shampoos, can leak from their containers. These spills are particularly slippery and, when not cleaned up the right way, can even cause you to fall on residual product left behind.
The Environment a Store Should Maintain
All businesses open to the public are required to maintain a safe environment for customers. They should have employees regularly check the facilities to ensure they are clean and safe. Any damaged areas should be repaired. If there is a spill or a damaged area that is dangerous and that cannot be promptly fixed, then it is the job of the grocery store staff to warn visitors with something such as a “wet floor” sign or roping the area off.
When employees are notified of a spill, they should quickly clean up the area. This means they should place a wet floor sign right away and someone should go with a mop or other cleaning supplies to promptly address the problem. If a store fails to do this and leaves the spill out there for a considerable time after they should have been aware of it, then they become liable for any damages or injuries suffered because of the mess.
While store employees may not be completely truthful regarding how long they were aware of the mess, or if they were even aware of it at all, there is most likely a surveillance camera in the area that would have caught the entire incident on video. This tape could be beneficial in your personal injury claim, showing how long the damages or spill existed, if employees had ample time to be aware of the problem, if employees were aware of the problem and if anyone tried to address the issue, and when and why you fell.
The Four Elements of Negligence
The four elements of negligence as they apply to a slip and fall – The first element is to show that the store owed you a responsibility or a duty. In this case, that is simple to show because any business or retailer has a duty or a responsibility to ensure customers are safe when they enter the premises. The second element is to show that duty was breached. In this case, it would be to show they didn’t properly maintain the premises. You were walking in the produce section when you slipped and fell on squashed grapes. The store employees should have regularly checked the area and cleaned up any messes. A wet floor sign or a warning should have marked the area until the mess was cleaned, and the area was safe.
The third element is to show that breach of duty caused your accident. If the squashed grapes had not have been left on the tile floor, you wouldn’t have slipped and fell. Then lastly, you must show that your damages and injuries were a direct result of the slip and fall. As an example, you broke your ankle when you slipped on the grape. You must establish medical care right away. Failing to establish medical care right away can be detrimental to your claim, so be sure to seek medical treatment as quickly as possible.
Slip and Fall Damages
When you go shopping for groceries, it is only a normal expectation to think the premises are safe and properly maintained. Any spills or messes should be cleaned up and any hazards should be promptly repaired. When a store is negligent and doesn’t properly address its issues then you suffer a slip and fall, you can hold them liable for your damages by pursuing a personal injury claim against them for your damages.
After a slip and fall, you can suffer a variety of damages. You will want to be sure to itemize your damages, so they are all included in your total settlement claim. Here are some of the more common damages claimed in such situations:
- Past and future medical expenses
- Past and future lost wages
- Pain and suffering
- Property damages
- Permanent scarring and disfigurement
- Loss of enjoyment of life
- Loss of consortium
- Mental anguish
- Long-term or permanent disabilities
All these are examples of compensatory damages. Compensatory damages are damages that are awarded to the accident victim to compensate for their injuries, damages, and/or incurred losses when the loss is the result of the unlawful conduct or negligence of another party.
For your slip and fall claim to be successful, you will need to prove that your accident was caused by the negligence of the store or staff. There are four elements of negligence and all four elements must be shown as they apply to your specific situation.
Punitive Damages
In some situations, you may be eligible for punitive damages. Punitive damages are awarded by the court as a way to punish the defendant for their actions. It is used to help deter any future behavior of a similar nature. Usually, punitive damages are only awarded if the injuries are believed to be the result of an intentional act or during a criminal act.
Evidence To Support Your Claim
If you have been injured in a slip and fall, you will need to gather supporting evidence and documentation that shows what happened, how it happened, and the damages that you suffered when you fell. You should notify a manager of the accident as quickly as possible. If you are physically able to do so, get photos of the accident scene and of any injuries. Ask witnesses to provide written statements and be sure to get their names and contact details.
Keep all your medical bills and medical records and be sure to document any missed work and lost wages. It would also be wise to maintain a journal that indicates your daily progress, your restrictions and limitations, and your pain levels. Here is a rundown of the documentation that could be beneficial as evidence for your personal injury claim after a slip and fall:
- Medical bills
- Medical records
- Proof of missed work and lost wages
- Photos of the accident scene and of the injuries
- Witness statements
- Accident report
- Surveillance video
Get the Help You Deserve after a Slip and Fall
Whole Foods, like any other big grocery store, is a massive supermarket chain with many legal resources at their disposal. Their team of lawyers is prepared to defend the grocer from any alleged slip and fall incidents.
You will need similarly aggressive legal help to hold Whole Foods, or any other store, at fault for your accident. If you were involved in a slip and fall accident, consult with a personal injury attorney. He or she will use their expertise to create a solid case that proves the large grocer’s negligence and holds them accountable for your injuries and medical bills.
*The content of this article serves only to provide information and should not be construed as legal advice. If you file a claim against Whole Foods, or any other party, you may not be entitled to any compensation.
